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Judgments of Supreme Court of India and High Courts

(Allowed) vs State Of West Bengal on 7 September, 2018

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27 07.09.2018

C.R.M. 7126 of 2018
sg Ct. No.34
In Re: – An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure.

Sk. Saker Ali
(Allowed) Versus
State of West Bengal

Mr. Nonigopal Chakraborty, Adv.
…for the petitioner.
Mr. Imran Ali, Adv.
Mr. Nirupam Dhali, Adv.
…for the State.

The petitioner seeks anticipatory bail in connection with Debra Police

Station Case No. 241 of 2016 dated 20.06.2016 under Sections

498A/323/325/307/354/406/34 of the Indian Penal Code and Section 4 of D.P. Act.

The State refers to the case diary and says that the wife and the minor child

have been driven away from the matrimonial home and are in penury at the wife’s

paternal home.

Considering the nature of the injury, there may not be any need to take the

petitioner into custody as long as the petitioner provides for maintenance for the

wife and child. Subject to the petitioner paying a sum of Rs.4500/- per month

beginning September, 2018 and payable by the 15th day of each month, the

petitioner will be entitled to anticipatory bail.

In the event there is any default in payment for any month, the wife and the

State will be entitled to seek cancellation of the petitioner’s bail. In case any

appropriate forum passes an order for maintenance or alimony pendente lite or the

like in favour of the wife, the payments made in terms of this order will be adjusted

against the same.

In the event of arrest, the petitioner is directed to be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the

satisfaction of the Arresting Officer, subject to the conditions laid down under

Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner

will also report to the Investigating Officer at such time and place as may be

specified by the concerned police officer.

The petition for anticipatory bail is allowed on the conditions indicated

above.

A certified copy of this order be immediately made available to the
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petitioner, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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